ey . STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION SELECT SPECIALTY HOSPITAL- » DEPAR MIAML, INC... ez Petits & etitioner, an mye vs. Case Nos. 00-3204 CONNo. 9340 oo Fass AGENCY FOR HEALTH CARE Clos | ADMINISTRATION, Respondent, and VENCOR HOSPITALS EAST, LLC, d/b/a VENCOR HOSPITAL — CORAL GABLES, Intervenor. / FINAL ORDER THIS CAUSE CAME before me for the purpose of issuing a final agency order, upon an order of Administrative Law Judge Maloney, attached hereto, dismissing the case, it appearing from the Petitioner’s Notice of Voluntary Dismissal, attached hereto, that there are no disputed issues of fact. FINDINGS OF FACT 1. On January 29, 2001, Petitioner filed its Notice of Voluntary Dismissal. On February 1, 2001, Administrative Law Judge Maloney entered the Order Closing File. 2. The Agency hereby adopts and incorporates by reference the attached Notice of Voluntary Dismissal and Order Closing File. 3. There are no remaining disputed issues of fact or law. CONCLUSIONS OF LAW The Agency for Health Care Administration has jurisdiction over the parties and subject matter pursuant to Sections 120.569 and 120.57, Fla. Stat. (2000). Based on the foregoing, IT IS ADJUDGED THAT: The above-styled case is DISMISSED and Certificate of Need (CON) Number 9340 is denied. DONE and ORDERED this gH day of , 2001, in Tallahassee, Florida. Ruben J. King-Shaw, Jr., Secretary Agency for Health Care Administration A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A SECOND COPY, ALONG WITH THE FILING FEES AS PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE AGENCY MAINTAINS ITS HEADQUARTERS OR WHERE A PARTY RESIDES. REVIEW PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA RULES OR APPELLATE PROCEDURE. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: Robert D. Newell, Jr. Newell & Terry, PA 817 North Gadsden Street Tallahassee, Florida 32303-6313 W. David Watkins Watkins & Caleen, P.A. Post Office Box 15828 Tallahassee, Florida 32317-5828 Richard A. Patterson Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 David M. Maloney Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 CON Office CERTIFICATE OF SERVICE I HEREBY i that a true and correct copy of the foregoing has been furnished by U.S. Mail, this day of gve-named people. R.S. Power, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (850) 922-5865 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS SELECT SPECIALTY HOSPITAL- MIAMI, INC., Petitioner, vs. Case No. 00-3204 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, DiEGE "3 yt: | SSL 573, and is Sill VENCOR HOSPITALS EAST, LLC, FEB ~ 2 290) d/b/a VENCOR HOSPITAL - CORAL ~* \GeNey GABLES, SOMAIN Intervenor. Saoeeteettieeetlieetlieertiaeetie ei eee ee ORDER CLOSING FILE This cause having come before the undersigned on a Notice of Voluntary Dismissal, filed January 29, 2001, and the undersigned being fully advised, it is, therefore, . ORDERED that: 1. The final hearing in this cause scheduled for March 26 through 30, 2001, is hereby cancelled. 2. The file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. DONE AND ORDERED this [AX ay of February, 2001, in Tallahassee, Leon County, Florida. DAVID M. MALONEY Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this | ‘day of February, 2001. COPIES FURNISHED: Robert D. Newell, Jr., Esquire Newell & Terry, P.A. 817 North Gadsden Street Tallahassee, Florida 32303-6313 Richard A. Patterson, Esquire ~~ Agency for Health Care Administration 2727 Mahan Drive . ; Building Three, Suite 3431 Tallahassee, Florida 32308-5403 W. David Watkins, Esquire Watkins & Caleen, P.A. 1725 Mahan Drive, Suite 201 Post Office Box 15828 Tallahassee, Florida 32317-5828 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS SELECT SPECIALTY HOSPITAL-MIAMI, INC., Petitioner, vs. CASE NO.:00-3204 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent | poor Ys Si and Gy VENCOR HOSPITALS EAST, LLC Seatnig d/b/a VENCOR HOSPITAL e CORAL “ogg OH AUTH "Cann GABLES, Tow, Intervenor. NOTICE OF VOLUNTARY DISMISSAL Select Specialty Hospital-Miami, Inc. (“Select”) voluntarily dismisses, with prejudice, its Petition in Case No. 00-3204 which challenges the denial of Select’s CON 9340 to establish a new 40 bed long-term care hospital to be located at Victoria Center, in Miami, Dade County, Health Service Planning District 11, Subdistrict 1. -— Respectfully submitted this 2\day of January, 2001. NEWELL & TERRY, P.A. 817 North Gadsden Street Tallahassee, Florida 32303-6313 (850) 681-3883 ROBERT\D. N . Attorney for Select/Specialty Hospitai- Miami, Inc. CERTIFICATE OF SERVICE | HEREBY CERTIFY that the a true and correct copy of the foregoing has been furnished by U.S. Mail to: Richard A. Patterson, Agency for Health Care Administration, 2727 Mahan Drive, Mail Stop 3; Tallahassee, Florida 32308 and to W. David Watkins, Watkins & Caleen, P.A., 1725 Mahan Drive, Suite 201 , Tallahassee, Florida 32308, this £2 day of January, 2001. Attorne ey . STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION SELECT SPECIALTY HOSPITAL- » DEPAR MIAML, INC... ez Petits & etitioner, an mye vs. Case Nos. 00-3204 CONNo. 9340 oo Fass AGENCY FOR HEALTH CARE Clos | ADMINISTRATION, Respondent, and VENCOR HOSPITALS EAST, LLC, d/b/a VENCOR HOSPITAL — CORAL GABLES, Intervenor. / FINAL ORDER THIS CAUSE CAME before me for the purpose of issuing a final agency order, upon an order of Administrative Law Judge Maloney, attached hereto, dismissing the case, it appearing from the Petitioner’s Notice of Voluntary Dismissal, attached hereto, that there are no disputed issues of fact. FINDINGS OF FACT 1. On January 29, 2001, Petitioner filed its Notice of Voluntary Dismissal. On February 1, 2001, Administrative Law Judge Maloney entered the Order Closing File. 2. The Agency hereby adopts and incorporates by reference the attached Notice of Voluntary Dismissal and Order Closing File. 3. There are no remaining disputed issues of fact or law. CONCLUSIONS OF LAW The Agency for Health Care Administration has jurisdiction over the parties and subject matter pursuant to Sections 120.569 and 120.57, Fla. Stat. (2000). Based on the foregoing, IT IS ADJUDGED THAT: The above-styled case is DISMISSED and Certificate of Need (CON) Number 9340 is denied. DONE and ORDERED this gH day of , 2001, in Tallahassee, Florida. Ruben J. King-Shaw, Jr., Secretary Agency for Health Care Administration A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A SECOND COPY, ALONG WITH THE FILING FEES AS PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE AGENCY MAINTAINS ITS HEADQUARTERS OR WHERE A PARTY RESIDES. REVIEW PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA RULES OR APPELLATE PROCEDURE. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: Robert D. Newell, Jr. Newell & Terry, PA 817 North Gadsden Street Tallahassee, Florida 32303-6313 W. David Watkins Watkins & Caleen, P.A. Post Office Box 15828 Tallahassee, Florida 32317-5828 Richard A. Patterson Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 David M. Maloney Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 CON Office CERTIFICATE OF SERVICE I HEREBY i that a true and correct copy of the foregoing has been furnished by U.S. Mail, this day of gve-named people. R.S. Power, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (850) 922-5865 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS SELECT SPECIALTY HOSPITAL- MIAMI, INC., Petitioner, vs. Case No. 00-3204 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, DiEGE "3 yt: | SSL 573, and is Sill VENCOR HOSPITALS EAST, LLC, FEB ~ 2 290) d/b/a VENCOR HOSPITAL - CORAL ~* \GeNey GABLES, SOMAIN Intervenor. Saoeeteettieeetlieetlieertiaeetie ei eee ee ORDER CLOSING FILE This cause having come before the undersigned on a Notice of Voluntary Dismissal, filed January 29, 2001, and the undersigned being fully advised, it is, therefore, . ORDERED that: 1. The final hearing in this cause scheduled for March 26 through 30, 2001, is hereby cancelled. 2. The file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. DONE AND ORDERED this [AX ay of February, 2001, in Tallahassee, Leon County, Florida. DAVID M. MALONEY Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this | ‘day of February, 2001. COPIES FURNISHED: Robert D. Newell, Jr., Esquire Newell & Terry, P.A. 817 North Gadsden Street Tallahassee, Florida 32303-6313 Richard A. Patterson, Esquire ~~ Agency for Health Care Administration 2727 Mahan Drive . ; Building Three, Suite 3431 Tallahassee, Florida 32308-5403 W. David Watkins, Esquire Watkins & Caleen, P.A. 1725 Mahan Drive, Suite 201 Post Office Box 15828 Tallahassee, Florida 32317-5828 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS SELECT SPECIALTY HOSPITAL-MIAMI, INC., Petitioner, vs. CASE NO.:00-3204 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent | poor Ys Si and Gy VENCOR HOSPITALS EAST, LLC Seatnig d/b/a VENCOR HOSPITAL e CORAL “ogg OH AUTH "Cann GABLES, Tow, Intervenor. NOTICE OF VOLUNTARY DISMISSAL Select Specialty Hospital-Miami, Inc. (“Select”) voluntarily dismisses, with prejudice, its Petition in Case No. 00-3204 which challenges the denial of Select’s CON 9340 to establish a new 40 bed long-term care hospital to be located at Victoria Center, in Miami, Dade County, Health Service Planning District 11, Subdistrict 1. -— Respectfully submitted this 2\day of January, 2001. NEWELL & TERRY, P.A. 817 North Gadsden Street Tallahassee, Florida 32303-6313 (850) 681-3883 ROBERT\D. N . Attorney for Select/Specialty Hospitai- Miami, Inc. CERTIFICATE OF SERVICE | HEREBY CERTIFY that the a true and correct copy of the foregoing has been furnished by U.S. Mail to: Richard A. Patterson, Agency for Health Care Administration, 2727 Mahan Drive, Mail Stop 3; Tallahassee, Florida 32308 and to W. David Watkins, Watkins & Caleen, P.A., 1725 Mahan Drive, Suite 201 , Tallahassee, Florida 32308, this £2 day of January, 2001. Attorne

Docket for Case No: 00-003204CON